s. No.

2159
H. No. 3984

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Begun and held in Metro Manila, on Monday, the twenty-second day

of July, two thousand thirteen .

[ REpUBLIC ACT

No.

10641 1

AN ACT ALLOWING THE FULL ENTRY OF FOREIGN

BANKS IN THE PHILIPPINES, AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 7721
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:

SECTION 1. SectIOn 2 of Republic Act No. 7721 is hereby

amended to read as follows:
"SEC. 2. Modes of Entry. - The Monetary Board
may authorize foreign banks to operate in the
Philippine banking system through anyone of the
following modes of entry: (i) by acquiring, purchasing
or owning up to one hundred percent (100%) of the
voting stock of an eXIsting bank; (ii) by investing in
up to one hundred percent (100%) of the voting stock

of a new banking subsidiary incorporated un~er the

laws of the Philippines; or (iii) by establishing brilnches
with full banking authority."
.
SEC. 2. Section 3 of Republic Act No. 7721 is hereby
amended to read as follows:
"SEC. 3. Guidelines for Approval.
In
approving entry applications of foreign banke, the
Monetary Board shall: (i) ensure geogr:aphic
representation and complementation; (ii) consider
strategic trade and investment relationships between
the Philippines and the country of incorporation of the
foreign bank; (iii) study the demonstrated capacity,
global reputation for financial innovations and stability
in a competitive environment of the applicant; (iv) see
to it that reciprocity rights are enjoyed by Philippine
banks in the applicant's country; and (v) coI\.sider
willingness to fully share their technology.
.
"Only established, reputable and financially sound
foreign banke shall be allowed entry in accordance
with Section 2 of this Act. The foreign bank applicant
must be widely-owned and publicly-listed in its c~untry
of origin, unless the foreign bank applicant is owned
and controlled by the government of its country of
.
origin.
"In the exercise of this authority, the Mo~etary
Board shall adopt such measures as may be nec~ssary
to ensure that the control of at least sixty percent
(60%) of the resources or assets of the entire banking
system is held by domestic banks which are majorityowned by Filipinos."
SEC. 3. Section 4 of Republic Act No. 7721
amended to read as follows:

i~

hereby

"SEC. 4. Capital Requirements. - (i) For Lo'qally

Incorporated Subsidiaries - The minimum capital
required for locally incorporated subsidiaries of foreign
banks shall be equal to that prescribed by: the
Monetary Board for domestic banks of the same
category.

3
"(il) For Foreign Bank Branches - Foreign
banks that shall be authorized to establish branches
pursuant to Section 2(ili) of this Act shall permanently
assign capital of an amount not less than the
minimum capital required for domestic banks of the
same category. The permanently assigned capItal
shall be inwardly remitted and converted into
Philippine currency.

"The foreign bank branch may open up to five

(5) sub-branches as may be approved by the Monetary
Board. Locally Incorporated subsidiaries of foreign
banks pursuant to Section 2(ii) of this Act shall have
the same branching privileges as domestic banks of
the same category."
SEC. 4. Section 6 of Republic Act No. 7721 is hereby
repealed.
SEC. 5. Section 8 of Republic Act No. 7721 is hereby
amended to read as follows:
"SEC. 8. Equal Treatment. - Foreign banks
authorized to operate illlder Section 2 of this Act, shall
perform the same filllctions, enjoy the same privileges,
and be subject to the same limitations imposed upon
a Phihppine bank of the same category. The single
borrower's limit of a foreign bank branch shall be
aligned with that of a domestic bank.
"The foreign banks shall guarantee the
observance of the rights of their employees under the
Constitution.
"Any right, privilege or incentive granted to
foreign banks or their subsidiaries or affiliates under
this Act, shall be equally enjoyed by and extended
under the same conditions to Philippine banks."
SEC. 6. A new provision in Section 9 is hereby inserted
In the same Act, in lieu of the original provisions of SectIOn
9 repealed by Section 11 of Republic Act No. 10000. Section
9 shall now read as follows:

4
"SEC. 9. Participation in Foreclbsure
Proceedings.
Foreign banks which are auth~rized
to do banking business in the Philippines through any
of the modes of entry under Section 2 hereof shall be
allowed to bid and take part in foreclosure sales of
real property mortgaged to them, as well as to avail
of enforcement and other proceedings, and accordingly
take possession of the mortgaged property, for a period
not exceeding five (5) years from actual possession:
Provided, That in no event shall title to the pr6perty
be transferred to such foreign bank. In cas~ said
bank is the winning bidder, it shall, during the said
five (5)-year period, transfer its rights to a qu~lified
Philippine national, without prejudice to a borr6wer's
rights under applicable laws. Should the bank fail to
transfer such property within the five (5)-year period,
it shall be penalized one half (1/2) of one percent (1%)
per annum of the price at which the property was
foreclosed until it is able to transfer the property to
a qualified Philippine national."
'j
SEC. 7. Transitory Provisions. - Foreign banks ~hich are
already authorized to do banking business in the PJiilippines
through any of the modes of entry under Section 2 hereof may
apply to change their original mode of entry.
Foreign banks operating through branches in the
Philippines upon the effectivity of this Act shall retain their
original privilege upon entry to establish a limited n~mber of
sub-branches. However, the previous restrictioI\ on the
locations of such additional branches is hereby lifte,d.
i

The existing Philippine branches of foreign batiks shall

comply within one (1) year from the effectivity of this Act with
the minimum capital requirements as prescribed under Section
4(ii) of this Act, unless otherwise extended by the Monetary
Board.
SEC. 8. Section 12 of Republic Act No. 7721
amended to read as follows:

i~

hereby

"SEC. 12. Applicability of Other Banking Laws.

- The provisions of Republic Act No. 7653, other\vise
known as the New Central Bank Act and. the

5
proVIsions of Republic Act No. 8791, otherwise known
as 'The General Banking Law of 2000', insofar as they
are applicable and not in conflict with any provision
of this Act, shall apply to banks authorized pursuant
to this Act."
SEC. 9. Section 13 of Republic Act No. 7721
amended to read as follows:

IS

hereby

"SEC. 13. Rule-Making Powers of the Monetary

Board of the Bangko Sentral ng Pilipinas and
Compliance Reports.
The Monetary Board is
hereby authorized to issue such rules and regulations
as may be needed to implement the provisions of this
Act. On or before May 30 of each year, the Monetary
Board shall file a written report to Congress and its
respective Banks Committees, on the developments in
the implementation of this Act. The implementing
rules and regulations of this Act shall be published
in at least two (2) newspapers of general circulation."
SEC. 10. Repealing Clause. - All laws, decrees, executive
orders, proclamations, rules and regulations and other
issuances or parts thereof insofar as they are inconsistent with
the provisions of this Act are hereby repealed or modified
accordmgly.
SEC. 11. Effectivity. -

This Act shall take effect fifteen

(15) days after its publication in the Official Gazette or in at

least two (2) national newspapers of general circulation.

Approved,

~t:II/ ~

\.{Et;CIAN~~
Speaker af the Hause
af Representatives

6
This Act which is a consolidation of Senate Bill'No.2159
and House Bill No. 3984 was finally passed by t~e Senate
and the House of Representatives on June 11, !l014 and
June 10, 2014, respectively.

l. .. ... f;;-B1R~Y
%-"':k/
AP

MARILYN

Secretary General
House ofRepresentatives

Approved:

~s
Secretary of the Senate

JUL 1

BENIG~O
President of

III